The Government has published the wording of a proposed amendment of the Constitution on the rights of children.The Taoiseach said the proposed change was 'a watershed for Ireland's children'.
He said putting the rights of children into the Constitution would protect children but would not undermine the role of parents or the Constitutional safeguard for the family.
Mr Ahern said the provisions would ensure the best interests of children are made central while also recognising that except in exceptional circumstances the best place for a child to be reared is with his or her parents.
He said the changes would also allow the exchange of so-called soft information about suspected child abusers and would give absolute protection to children against sexual abuse.
Mr Ahern called on the Opposition to study the proposals and said he was committed to putting the wording to the people either before the General Election or in the autumn.
The Taoiseach has said a referendum will only proceed if there is all-party agreement and the Opposition is wary of rushing into constitutional change.
Yesterday, that concern was backed by the Ombudsman for Children, Emily Logan, who said more time was needed to debate the issues and that many parents were fearful of State intervention.
Current wording of the Constitution
Article 42. 5. In exceptional cases, where the parents for physical or moral reasons fail in their duty towards their children, the State as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.
Proposed wording for amendment to the Constitution* Article 42(A)
1. The State acknowledges and affirms the natural and imprescriptible rights of all children.
2. (1) In exceptional cases, where the parents of any child for physical or moral reasons fail in their duty towards such child, the State as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.
(2). Provision may be made by law for the adoption of a child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child, and where the best interests of the child so require.
3. Provision may be made by law for the voluntary placement for adoption and the adoption of any child.
4. Provision may be made by law that in proceedings before any court concerning the adoption, guardianship or custody of, or access to, any child, the court shall endeavour to secure the best interests of the child.
5. (1) Provision may be made by law for the collection and exchange of information relating to the endangerment, sexual exploitation or sexual abuse, or risk thereof, of children, or other persons of such a class or classes as may be prescribed by law.
(2) No provision in this Constitution invalidates any law providing for offences of absolute or strict liability committed against or in connection with a child under 18 years of age.
(3) The provisions of this section of this Article do not, in any way, limit the powers of the Oireachtas to provide by law for other offences of absolute or strict liability.
* Article 42.5 will be repealed and replaced with the text above
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